Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
SB367 by Carona (Relating to the prosecution of and punishment for certain criminal offenses involving the use of a false or fictitious identity or identifying documents.), As Introduced
This bill would amend the Penal Code as it relates to the prosecution and punishment for certain criminal offenses involving the use of a false or fictitious identity or identifying document. The bill would make providing false or fictitious information a state jail felony if it is found at the trial of the offense the defendant was a member of a criminal street gang at the time of the offense or committee the offense with the intent to further the criminal activities of the street gang or avoid detection as a member of a street gang.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
Expanding the definition of the types of behavior punishable is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. It is expected that individuals who would be affected under the provisions of this bill are currently being sentenced for other, possibly lesser felony, offenses.